Obama may weigh in on gay marriage case

Feb. 21, 2013
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President Obama / Charles Dharapak, AP

by David Jackson, USA TODAY

by David Jackson, USA TODAY

The Obama administration is considering whether to weigh in on a Supreme Court case challenging California's gay marriage ban.

"I have to make sure that I'm not interjecting myself too much into this process, particularly when we're not a party to the case," Obama told KGO-TV of San Francisco during a round of local television interviews Wednesday.

The administration has until Feb. 28 -- a week from now -- to decide whether to file a "friend of the court" brief with the Supreme Court.

The high court is expected to decide by late June whether to uphold or strike down Proposition 8, which bans gay marriage in California.

If the administration gets involved, it is likely to oppose the ban.

Obama told KGO: "My personal view is that same-sex couples should have the same rights and be treated like everybody else and that's something that I feel very strongly about."

"The Proposition 8 ballot initiative was approved by California voters in 2008 and overturned a state Supreme Court decision allowing gay marriage. Twenty-nine other states have constitutional amendments banning gay marriage, while nine states and Washington, D.C., recognize same-sex marriage.

"An administration brief alone is unlikely to sway the Justices but the federal government's opinion does carry weight with the court.

"A final decision on whether to file a brief has not been made, a senior administration official said. Solicitor General Donald Verrilli is consulting with the White House on the matter, said the official, speaking only on condition of anonymity because the official was not authorized to address the private deliberations publicly."

While the Justice Department would formally make the filing, the president himself is almost certain to make the ultimate decision on whether to file."